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can a DA bring charges against me, i don't want to testify as primary witness?

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B

brissia

Guest
What is the name of your state? california

I was involved in domestic violence despute with my husband in wich I was the victim. I called the police charges were made. The next day I drop the charges by signing a writen statement infront of a police officer in wich I recanted my story. The DA's office decided not to drop the case an now me and my husband are going to trial because he is pleading not guilty. The DA in charge of the case is telling me I have to testify next month infront of a jury. I dont want to. If I dont show up the day of the trial can she bring any legal action against me? should I get a lawyer? By law can they force me to testify if I am the only witness and victim of the crime?
 


JETX

Senior Member
"The DA in charge of the case is telling me I have to testify next month infront of a jury. I dont want to. If I dont show up the day of the trial can she bring any legal action against me?"
*** Yes. If you are subpoenaed and don't show, a warrant can be issued. Also, as a result of your 'recanting' the complaint, the prosecutor could also bring a complaint of filing a false report.

"should I get a lawyer?"
*** Nah, just show up and testify as to what happened.

"By law can they force me to testify if I am the only witness and victim of the crime?"
*** No. But you are presumably not the only witness. The officers can testify as to what they saw and observed (including YOUR statements) at the scene. Very likely, that should be enough to convict.
 
K

Ketch

Guest
Sorry your hubby is still on the hook. There are SO MANY women AND men who get beat pretty bad then decide ..They don't want to do anything. And then the abuser gets off. So NOW they don't need your statement.....Like JETX said...It is your husband VS the state.....NOT you against him so..... Even your recanted statement doesn't matter. If anything it shows that you are in fear of your hubby.

The rest of your answers are above...In JETX's reply.

Just out of curiosity...What injuries did you sustain?
 

stephenk

Senior Member
did you call 911 to report the abuse? If yes, the tape recording is evidence and will be played in court.

the prosecutor will use an expert in battered wives syndrome to explain why you are now recanting.

the police will testify to what they heard you say and what injuries you had. they will also testify to what your hubby said.

I bet your hubby thought he was getting off the hook for convincing you not to testify. Did his attorney tell him to try and get you to not cooperate with the prosecution?
 
Personally I hope that the charges are dropped. Then... your husband can continue to kick your ass until you come to your senses and move out.
 

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